The following words marked in bold will have specific meanings in this contract
T&C - these Terms and Conditions
"BYTSYZ e-Learning", "BYTSYZ", "we", "us" - BYTSYZ e-Learning Ltd, registered in England and Wales as a Company Number 7038048, registered office address 17 Sarnia Close, Peacehaven, BN10 8FE.
registration - is a registration document that can be obtained on paper, PDF and by Email. The document constits of the unique registration number and registration instructions.
agent - an organisation or an individual having an access to the LMS.
learner - a person that has successfully used registration to gain an access to the course programme.
website - any and all parts of the bytsyz.co.uk website and it's content.
LMS - the Learning Management System that allows agents to purchase registrations, manage registrations, monitor and measure learner's performance, have access to units.
unit document - is a PDF document that consists of the detailed course description including but not limited to: course programme description, learning outcomes, assessment criteria, training delivery method, assessment method.
purchaser - is an individual website visitor that has purchaser registration through our website.
cooling-off period of cancellation - is a period of time of seven working days.
Acceptance of terms
BYTSYZ e-Learning provides it's Services subject to the following T&C.
T&C are subject to change; notification will be provided by email.
You can review the most current version of T&C at any time via the website.
You enter into an agreement with us that is subject to the T&C described herewith if you:
Access BYTSYZ as an agent.
Purchase registration through the website.
Purchase registration through an agent.
Delivery of service
The content of the course programme is as described in the unit document and in the course description on the website.
Access to online course is through the use of the BYTSYZ Registration, which is supplied by BYTSYZ or an Agent. BYTSYZ provides users with access to an extensive range of resources, available exclusively on-line, over the Internet through access to the website, this is the "Service".
BYTSYZ Students can access:
The course induction materials
The course learning materials for the registered online course
The assessment materials for the registered online course
The unit document.
Assessment and re-assessment
Assessment is carried out using the timed multiple choice questionnaire
All modules within the course programme are assessed individually
If the learner is not successful in one or more modules, the overall assessment result is recorded as FAIL
If the learner has failed the overall assessment, the re-assessment fee of £10.00 + VAT will apply
The re-assessment fee covers the entire course programme regardless of the number of modules within the course
The learner will only need to re-study the modules where FAIL was recorded.
BYTSYZ Agents can access:
Unit documents for various course programmes, the unit documents will help to make an informed decision about the suitability of the course programme
Organisation details with the facility to update these at any time
LMS reporting functionality
The facility to change the login password.
Student and agent obligations
When using BYTSYZ you agree:
Be a resident of the United Kingdom (England, Scotland, Northern Ireland, Wales)
To use the Internet Explorer or Safari browser on Microsoft Windows 2000/XP/Vista/7/8, Apple Mac OS, iPhone, iPad, iPod Touch
To use fully and well functional equipment and Internet Connection
Provide BYTSYZ e-Learning with a valid email address communication thought which can be successfully established at any point in time
To use the Service only for the purposes for which it is designed as stated within this T&C Not to use this Service in relation to fraudulent activity of any kind
Not to copy or otherwise reproduce the learning materials and or assessment materials and or any other part of the BYTSYZ e-Learning platform and or website including Student Learning Zone and the Learning management System
Not use this Service for any kind of illegal or subversive activity or any activity other than the sole purposes for which it is designed as described in this T&C
That your Student Registration with or Agent Access to BYTSYZ is not transferable and you will not share your Username and Password or pass your Username and Password to any third party whether freely or for financial or any other form of gain
Both BYTSYZ Students and BYTSYZ Agents must confirm to have read and completely agree to BYTSYZ Terms and Conditions
To access material, contained therein, for your own personal use and not to distributed it in any form or use it in a commercial or professional manner
Not to use BYTSYZ access to "spam" other BYTSYZ users or to solicit goods, services or publish any material containing advertising without the written consent of BYTSYZ. Failure to obtain such permission will be seen as advertising without consent and BYTSYZ will reserve the right to charge a £1,000 advertising fee/spamming fine
Not to advertise or communicate any kind of personal information, web links or contact details other than what is officially allowed by BYTSYZ
Not to communicate through any of the media resources available on BYTSYZ, anything that could have an adverse influence on any other users' perception of BYTSYZ
Not to upload Material or Content onto BYTSYZ that contains naked or obscene images or makes any reference to any obscene acts or activities. BYTSYZ will report all such incidents immediately and directly to the Police
Not to interfere with another user's enjoyment of BYTSYZ nor to discriminate against any user based on their race, ethnicity, gender, disability, religion, sexual orientation or any other preferences
To remain polite and decent with the other users at all times. BYTSYZ is an environment that allows only civilised and pleasant exchanges of information, ideas and views
Not to upload, post, email or otherwise transmit any content, which is: unlawful; protected by copyright; confidential; infringed by any patent, trademark or trade secret; harmful; of a sensitive nature; threatening; vulgar; defamatory; obscene; abusive; harassing; libellous; tortuous; invasive of the privacy of another user; hateful or racially, ethnically or otherwise objectionable
Not to impersonate any user of BYTSYZ or BYTSYZ Official or falsely state or otherwise misrepresent your affiliation with a person or entity
Not to upload, post, email or otherwise transmit any unsolicited or unauthorised: advertising; promotional material; "junk email"; "spam"; "chain letters"; "pyramid schemes" or any other form of communication, except in those areas that are designated fit for purpose and with the express permission of BYTSYZ
Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Not to "stalk", harass or collect and store personal information on other members or users of BYTSYZ
Not to download data from the BYTSYZ web site using any automated means including: crawlers, prowlers or the like
BYTSYZ will remove any material or content that in its opinion may cause offence to other BYTSYZ users. This will be actioned without consultation with or the permission of any BYTSYZ user.
BYTSYZ is not liable for actions of Students and/or Agents (user) where:
A user can no longer gain access to the worldwide web and thus BYTSYZ
There is inappropriate communication by a third party through accessing BYTSYZ
A member's email account is suspended or withdrawn which prevents subsequent communication with BYTSYZ
At no time whatsoever, does BYTSYZ purport to make guarantees to any user of BYTSYZ that accessing this Service will meet their needs, desires or wishes.
None of the BYTSYZ courses infer a licence to practice, nor do they infer competence of practical skills. BYTSYZ is not responsible for any personal or third party injury arising out of mistakes in practice by students.
No resale of service or content
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or professional purposes, any portion of the BYTSYZ Content or Service.
General practices regarding use and storage
You acknowledge that BYTSYZ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that it will retain personal messages and data.
Modifications to service
BYTSYZ may from time to time modify or discontinue, temporarily or permanently, the Service (or any part thereof). Students and/or agents will be notified of any such modifications by email.
Termination of access to bytsyz
Following notification by email, BYTSYZ may under certain circumstances, cancel your access for reasons including but not be limited to the following:
Breaches or violations by you of the T&C or other incorporated agreements or guidelines
Requests by the police or other government agencies
A request by you (a self-initiated cancellation request)
Discontinuance or material modification to the Service (or any part thereof)
Unexpected security issues or problems
Your engagement in fraudulent or illegal activities
Non-payment of any fees owed in connection with the Service.
Disclaimer of warranties
BYTSYZ makes no warranty that:
The Service will meet your requirements
The Service will lead to any kind of acceptable outcome for yourself or a third party
The Service will be uninterrupted, or error-free
The results that may be obtained from the use of the Service will be accurate or reliable
The quality of any products, services, information, or other material obtained by you through the Service will meet your expectations.
This does not effect your statutory rights.
No third party beneficiaries
You agree that, except as otherwise expressly provided in these T&C, there shall be no third party beneficiaries to this Agreement.
Cancellation and refund
The cooling-off period of cancellation ends when registration was used to register for and access the course programme over the Internet or after the seven working days following successful purchase - meaning that the service provision has began and the purchaser is happy with the purchase.
If a purchaser has met all obligations under this Terms and Conditions and decides not to use the registration number, he/she is entitled to a refund, following the application of a £5.00 administration fee. The refund request must be received within the cooling-off period of cancellation.
BYTSYZ will make an account cancellation and discretionary refund when access to the student learning zone is restricted due to a failure of the BYTSYZ system(s) for longer than twenty four hours.
There will be no refund provided if:
a purchaser has NOT met all obligations under this T&C
the refund request is outside the cooling-off period of cancellation
the registration has been used to register for the course and the service provision has began
an access to the course programme is restricted due to a failure of client side hardware and/or software.
BYTSYZ will not cancel an account or make a refund where access to the student learning zone is restricted due to a circumstances beyond its reasonable control, including: acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of BYTSYZ or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce).
Refund request must be submitted by post or by email:
Certificate loss, loss in the post, re-issue and re-delivery fees
Certificate re-issue fees will apply if:
a certificate was issued with misspelled learner's name (the name was misspelled by the learner during the registration process)
a certificate is lost in the Royal Mail First Class Post
lost after it was received
if non-delivery is not reported within twenty days after it was dispatched.
if the address provided on the Corporate Account was invalid on the date of postage
Certificate re-issue fees:
BYTSYZ e-Learning Certificate for non-Accredited course and Recorded Signed For™ postage fee £25.00 + VAT
NCFE Certificate for Accredited Award and Recorded Signed For™ postage fee £35.00 + VAT
Certificate re-delivery fee:
Certificate re-delivery fee of £5.00 + VAT will apply if Certificate(s) was/were returned to BYTSYZ e-Learning after it was posted to the organisation's or individual's sepcified address.
All invoices to be paid within NET 30 days.
We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (interest) Act 1998 if we are not paid according to agreed credit terms.
BYTSYZ reserves the right to charge interest at a monthly rate of 8% on the outstanding invoices.
Interest and late payment compensation fee will be calculated from the date when the invoice becomes overdue.
BYTSYZ reserves the right to seek recovery of an outstanding balance sixty days from the date of invoice(s) via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3,000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £30.00 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding balance is recovered in full.
Cheque, all major Credit/Debit Cards, BACS Transfer or PayPal are all acceptable methods of payment.
Certificates remain the property of the BYTSYZ e-Learning Ltd until services provided are paid for in full.
Credit/Debit Cards or PayPal are acceptable methods of payment.
Certificates remain the property of the BYTSYZ e-Learning Ltd until services provided are paid for in full.